The defense is getting desperate with their motions in alleged molestor Mark Dare's case, what are they afraid of?

 Mark Dare is charged with allegedly molesting his step daughters.

Motions in limine were heard  individual jurors were questioned last week. Jury selection was proceeding until Public Defender Marek Reavis filed a last minute motion to supress and then handed Judge Lawrence Killoran and Deputy District Attorney Whitney Timm 13 questions in court this afternoon.

Dr. Anthony Urquiza from UC Davis, an expert on Child Abuse Accomodation Syndrome was scheduled to testify for the People on December 13. At previous hearings,  defense expert witnesses were only available on December 17 and 18.

The motion to supress has to do with electronic evidence found at Dare's house.

The defense had filed a motion in limine to exclude Dare's prior conviction for misdemeanor domestic violence and substance abuse. At a recent hearing, the defense withdrew the request regarding substance abuse.

Judge Killoran asked attorneys to return tomorrow at 9:30.

Mr. Reavis acknowledged that Ms. Timm had a good point about the notice required and cited case law. Dare is looking at "life in prison," said Mr. Reavis.

Mr. Reavis said that material Ms. Timm is seeking to present impacts his ability to pick a jury. This material was located " on one or more devices found in Mr. Dare's residences. This material is inflammatory and prejudicial" to Dare, said Mr. Reavis.

"Mr. Dare is an electrical engineer responsible for several radio and TV stations. There needs to be authentication this is something to do with Mr. Dare and not just stuff on hard drives." Without any proof, Mr. Reavis claimed other people lived at the residence and had access to the electronics.

"The People are not ready to address the motion to suppress today, especially when I was just handed 13 questions by Mr. Reavis," said Ms. Timm.

"We both have expert witnesses scheduled to testify Friday," said Ms. Timm. " Now we lose an entire afternoon of questioning jurors."

"Aside from the notice issue, we have discussed the computer issue. We discussed a 402 hearing. These questions can be addressed at that hearing.In the 402 hearing, we can show that it was Mr. Dare doing these searches."

402 hearings are held regarding admissibility of evidence to the jury.

"The defense has had three extractions for months," said Ms. Timm. She specified that ghe defense has had information regarding electronic evidence for 7 months. "The defense didn't hire an expert. They hired an expert in two other areas." Ms. Timm pointed out that the defense had knowledge, as recent as her October 24 trial brief. "This is not new information. Defense now claims it will take months to get an expert."

"My expert said it would take a week to go through this evidence," said Ms.Timm. "I am willing to put my evidence on at the end of the trial."

If you have not been following this case regularly on my blog, then let me summarize some of the background. Mr. Reavis got Dare's bail lowered by a Visiting Judge after the preliminary hearing and Dare was released from custody.

Dare has worked for a local TV station and is a member of the Seventh Day Adventist Church.

His wife Windy Dare, their mother supported him during the preliminary hearing. So did his pastor and supporters. Only his parents came to recent hearings in the last few months.  Even they have not been there for the jury selection process, so far.

During and after the preliminary hearing, there were statements from the girls' biological father and the People that the girls were being pressured by church members and Dare's supporters and Dare was not complying with the criminal protective order.

The defense has requested many continuances.

I am not going to link every single post I have done for two years but you can access them via the search feature on the blog. I have covered every hearing on this case and done my own research. Ms. Timm's arguments are facts the defense can ignore; it does not change that her statements can be backed up unlike the last minute hyperbole by Mr. Reavis.

The defense does not get to wipe out Dare's prior conviction of domestic abuse when that behavior is relevant because hos abusive behavior was mentioned by victims at the preliminary hearing.The electronic material, fancy word for porn, is also relevant.

Every local child molestor case I have covered, both those that have been convicted or penfing trial insist on their day in court, so far no one denied and said the porn is not theirs. It is a new low for Dare and his attorney.

Recent posts:
https://johnchiv.blogspot.com/2019/12/new-electronic-evidence-discovered-by.html?m=1

https://johnchiv.blogspot.com/2019/11/alleged-molestor-mark-dares-wife-and.html?m=1

https://johnchiv.blogspot.com/2019/11/jury-questionnaire-witness-list-and.html?m=1